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Corporate America better stop hyping its commitment to diversity—or it could be staring at a lawsuit, warn Wachtell partner David Katz and consulting lawyer Laura McIntosh. 

"A recent lawsuit by a shareholder of Oracle Corporation has opened a new line of attack on companies that have been slow to diversify their board membership and executive leadership team. The complaint alleges that Oracle's failure to appoint racially diverse directors and officers—while making public statements avowing a commitment to racial diversity—constitutes securities fraud."